U.S. Court of Appeals for the Ninth Circuit, 2017

Viktor Ostapenko v. Jefferson Sessions

Viktor Ostapenko v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 2, 2017 · Silverman, Tallman, Smith
698 F. App'x 489

Viktor Ostapenko v. Jefferson Sessions

Opinion

MEMORANDUM **

Viktor Nikolayevich Ostapenko, a native and citizen of Moldova, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his third motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen, Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008), and we deny the petition for review.

The BIA did not abuse its discretion in denying Ostapenko’s third motion to reopen as untimely where it was filed more than two years after the BIA’s final order, see 8 C.F.R. § 1003.2(c)(2), and where Os-tapenko failed -to establish prima facie eligibility for the relief he sought, see 8 C.F.R. § 1003.2(c)(3)(ii); Toufighi, 538 F.3d at 996 (the BIA may deny a motion to reopen for failure to establish prima facie eligibility for the relief sought).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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